Raman v. Abbott
- Vincent Briccetti
- 7:21-cv-01525
- U.S. District Court · Southern District of New York
- 1
In Raman v. Abbott, Judge Briccetti ordered the defendant to explain or acknowledge whether removal occurred in the wrong federal district.
The defendant, Simone M. Abbott, was ordered to address whether the case was removed to the proper federal district. The plaintiff's case may be affected by the court's eventual venue decision.
What happened
In Raman v. Abbott, the court questioned whether the case had been removed to the proper federal district.
The complaint showed that Saras Raman originally filed the case in New York Supreme Court, Kings County. Because Kings County is in the Eastern District of New York, not the Southern District, the court said the case appeared to have been removed to the wrong district.
Judge Vincent L. Briccetti ordered Simone M. Abbott to submit a letter by March 1, 2021, either acknowledging that the case should be transferred to the Eastern District or explaining why removal to the Southern District was proper.
The detailed version
- Raman v. Abbott · No. 7:21-cv-01525
- Vincent Briccetti
- Feb. 22, 2021
Background
The case was originally filed in New York Supreme Court, Kings County, and the defendant later filed a notice removing it to the U.S. District Court for the Southern District of New York.
Venue issue
Under 28 U.S.C. § 1441, a civil action may be removed to the federal district covering the place where the state-court action is pending. The court noted that Kings County is in the Eastern District of New York, not the Southern District of New York. Based on the complaint attached to the removal notice, the court stated that the case appeared to have been removed to the wrong federal district.
Order
The court ordered the defendant to submit a letter by March 1, 2021. The letter had to either acknowledge that the case should be transferred to the Eastern District of New York or explain why removal to the Southern District of New York was proper. The order did not itself transfer the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.